Jelicanin v. McGarr

Stewart, P. J.,

Plaintiff brought suit to recover $500 which he had paid the defendant on a written contract for the sale of real estate, which plaintiff avers he at all times was willing to perform, but that, after the plaintiff had entered into possession of the real estate, the defendant evicted him without any cause; wherefore the sum of $500 should be repaid to the plaintiff, with interest. A copy of the agreement in suit sets forth that it was made between Joseph McGarr, of the one part, and Ivan Jelicanin and Julia, his wife, of the other part. Throughout the agreement the parties of…